Scenario 07: Leak of State-developed hacking tools
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== Checklist == * [[Due diligence]]: ** In what circumstances would a State violate international law if it transferred the hacking tools to a non-State actor or another State on purpose? ** Are State-developed hacking tools “cyber infrastructure” of that State, even if they are used outside its territory and without its control? ** How proximate is the causal link between the stealing of the hacking tools and the consequences caused by their use? ** Did the stealing and sale of the hacking tools result in serious adverse consequences for the victim State? ** Did State A have actual or constructive knowledge that its territory was bring used for the stealing or sale of the hacking tools contrary to the rights of and resulting in serious adverse consequences for other States? ** Did the potentially responsible State take all feasible measures to put an end to the malicious cyber activities? * [[Sovereignty]]: ** Was the ransomware campaign conducted by a State organ of State B physically present on the territory of State A? ** Did the ransomware campaign result in physical damage or injury on State A’s territory? ** Did the ransomware campaign cause a loss of functionality of State A’s computer systems? ** Did the ransomware campaign interfere with State A’s inherently governmental functions? * [[Prohibition of intervention]]: ** Did the ransomware campaign bear on the internal or external affairs of State A? ** Did the ransomware campaign coerce State A by depriving it of its freedom of choice concerning its internal or external affairs?
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